A proteção dos Direitos Humanos na Corte Internacional de Justiça

comentários ao julgamento das medidas provisórias de proteção à população Rohingya no caso Gâmbia vs. Myanmar sobre a violação da Convenção de Genocídio (1948)

Abstract

Starting from the ruling on the provisional measures regarding the protection of the Rohingya population, in the case Gambia vs Myanmar, delivered on 23 January 2020, this paper debates the role of the International Court of Justice in adjudicating the Convention on the Prevention and Punishment of the Crime of Genocide (1948), introducing it as an alternative mechanism for enforcing Human Rights norms. It is argued that, in the 21st century, the Court has taken up a role which exceeds the state-centrism originally conceived at its creation in 1945 and appears more integrated to other mechanisms of the international human rights regime. The study explores two main points in the decision which are the recognition of the erga omnes obligations (and its relations to jus cogens norms) and the protection given to Rohingya individuals instead of a State. The decision in the Rohingya genocide case presents possibilities for the Court to be aligned with the international human
rights regime and the United Nations more general objectives, broadening its actions to ensure not only the rights of the states, but also those of the individuals, which is the focus of Human Rights International Law.